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ELRCPartially AllowedMombasa CMCC No.1677 of 2014 (appeal)· [2024] KEELRC 1196 (KLR)

Katana v Tarmal Wire Products Limited (Appeal 20 of 2020) [2024] KEELRC 1196 (KLR)

Employment and Labour Relations Court
9 May 2024
1,659 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~7 min to read original · ~4 min brief

The bottom line

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A Mombasa court ruled that work injury claims filed before a 2019 Supreme Court decision must still be heard by the courts where they were originally filed.

What this practically means

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Executive summary

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The appellant, a casual employee of the respondent, sued in Mombasa CMCC No.1677 of 2014 claiming he was injured on 14 April 2014 while loading wire rod when a workmate fell and a bundle of wires scratched his left arm. He sought special damages of Ksh.2,000 and general damages. The respondent denied employment and liability. The trial court, applying Section 16 of the Work Injury Benefits Act, 2007 as construed by the Supreme Court in Law Society of Kenya v Attorney General & Another [2019], held it had no jurisdiction over work injury claims and struck out the claim. On appeal, the ELRC at Mombasa (M. Mbarũ, J) reconsidered. It noted the claim was filed on 25 August 2014, before the Supreme Court's judgment of 3 December 2019, and that the Supreme Court directed all pending WIBA cases to be heard in the courts where they were filed. Although the trial judgment of 6 August 2020 postdated the Supreme Court decision, the magistrate misapplied it by declining jurisdiction. Relying on Attorney General v Juma Nyamawi Ndungo & Others, the court held the Supreme Court judgment was in rem, binding and dispositive, and that the trial court had proper standing to hear the claim on the merits. The court found the appeal had merit but, given the age of the file and that the appeal arose from the trial court's misreading of the law, made no order as to costs.

Key legal issues

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01

Whether the trial court correctly declined jurisdiction under Section 16 of WIBA

Holding

The trial court misapplied the Supreme Court judgment; it had jurisdiction to hear the claim on the merits

Reasoning

The claim was filed on 25 August 2014, before the Supreme Court judgment of 3 December 2019. Although the trial judgment of 6 August 2020 postdated that judgment, the magistrate misapplied it by finding no jurisdiction, whereas the Supreme Court directed that all pending WIBA cases be heard before the courts where they were filed.

p. 3
02

Effect of the Supreme Court judgment in rem on pending WIBA claims

Holding

The judgment in rem is binding and dispositive; declining jurisdiction on its basis was in error

Reasoning

Relying on Attorney General v Juma Nyamawi Ndungo & Others, the court held that to adjudge otherwise would create confusion and fail to acknowledge the hierarchy of the courts. The Chief Justice's Practice Directions of 28 April 2023 were a further step in implementing the Supreme Court judgment.

p. 3
03

Duty of a first appellate court

Holding

A first appellate court must re-evaluate the evidence and arrive at its independent judgment

Reasoning

Citing Selle & another v Associated Motor Boat Co. Ltd & others [1968] EA, the court restated that a first appellate court is empowered to subject the whole of the evidence to fresh and exhaustive scrutiny and make conclusions about it.

p. 3

Legal principles established

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  • The Supreme Court's judgment in Law Society of Kenya v Attorney General & Another is a judgment in rem, binding and dispositive of all pending WIBA claims, which are to be heard by the courts where they were filed

Court orders

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  1. 1.The appeal is allowed
  2. 2.The file is returned to the Mombasa Chief Magistrate's Court for hearing and determination
  3. 3.Mention before the Chief Magistrate on 16 May 2024 for hearing directions
  4. 4.Each party bears the costs of this appeal

Authorities

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Legislation

  • Work Injury Benefits ActSection 16
  • Constitution of KenyaArticles 27, 47, 50
  • Workman's Compensation Act

Cases cited (10)

  • Law Society of Kenya v Attorney General & Another
    [2019] eKLR
  • Phoenix EA Assurance Company Limited v S. M. Thiga t/a Newspaper Service
    [2019] eKLR
  • Awili Nelson v Purity Achieng Ochieng
    [2021] eKLR
  • West Kenya Sugar Co Ltd v Shirandula
    ELRCA No. E005 of 2021
  • Perfect Scan Limited v Harrison Kahindi Said
    [2021] eKLR
  • Selle & another v Associated Motor Boat Co. Ltd & others
    [1968] EA
  • Attorney General v Juma Nyamawi Ndungo & Others
    Civil Appeal No.158 of 2019 (Mombasa)
  • High Court Petition No.185 of 2008
  • Civil Appeal No.133 of 2017
  • Supreme Court Petition No.4 of 2019
On appeal from
Chief Magistrate's Court, Mombasa
CMCC No.1677 of 2014
Jurisdiction invoked
First appellate jurisdiction over the trial court's dismissal; Chief Justice Practice Directions issued through Gazette Notice No.5476 of 28 April 2023

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Katana v Tarmal Wire Products Limited (Appeal 20 of 2020) [2024] KEELRC 1196 (KLR)", Case Analysis (2024). Mombasa CMCC No.1677 of 2014 (appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1196/eng@2024-05-09

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.